Two of the four owners of the Whispering Oaks Luxury RV Park development have brought a civil suit against the other two and are asking the court to order a dissolution of the agreement under which the company is currently operating.
Duane and Stephanie Smith brought the suit against Brian and Stacy Sides of Branson, Missouri. In the complaint, the four are each listed as 25 percent owners under an amendment to the operating agreement signed in August last year.
In the suit, Duane and Stephany Smith, who are listed as residents of Baxter County, allege that it is “no longer reasonably practical to carry on the business of Whispering Oaks in conformity with the operating agreement.”
The civil suit alleges that Brian and Stacy Sides have misappropriated assets of the business for their own personal gain and benefit, written checks when sufficient funds were not in the bank to cover them, refused to account for all the monies and property which were misappropriated and have taken actions designed to “damage and destroy the business known as Whispering Oaks Luxury Parks, LLC.” Details of the actions alleged are not laid out in the lawsuit.
The RV park located off Baypoint Drive in the Mallard Point area, has been controversial from the beginning.
Many questions were raised about how the development would affect traffic in the area and on other issues such as plans to handle increases in stormwater runoff and access to a public road to a boat dock which has been in use by the public since the 1970.
There were also questions asked about permitting for water, septic and basic engineering. The Baxter County Planning Commission voted early this year to approve plans for the RV park pending approval of necessary permits by the Arkansas Department of Environmental Quality.
In one paragraph of the suit, the Smiths ask that “upon the dissolution of Whispering Oaks, all creditors should be paid and they should be reimbursed for all of their expenditures, costs and fees incurred as a result of the actions of the defendants.”
In checking, it appears the company’s website has been taken down and a billboard once located at the entrance to Mallard Point Road advertising the park has been taken down.
The civil suit was filed Wednesday. Mountain Home attorney Roger Morgan represents the Smith couple.
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